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Paul Merrell

Third group wants in on Larry Klayman NSA case - POLITICO.com - 0 views

  • A third civil liberties organization is asking a federal appeals court for time to defend the only federal court ruling challenging the legality of the National Security Agency's bulk collection of information on U.S. telephone calls. The Center for National Security Studies, a D.C.-based group which advocates for individual liberties and government transparency, asked the U.S. Court of Appeals for the D.C. Circuit Friday to allow the group time to argue that U.S. District Court Judge Richard Leon's ruling that the counterterrorism program appeared to be illegal was correct, albeit on different grounds than Leon identified. Leon found the program likely unconstitutional as a violation of Fourth Amendment protections against unreasonable searches and seizures. However, CNSS and other advocates have argued that Leon never should have reached the constitutional issues because the NSA's bulk telephone metadata program was never authorized by Congress.
  • Government lawyers and numerous judges from the Foreign Intelligence Surveillance Court have concluded that the Section 215 of the Patriot Act creates a legal basis for the program, but that depends on the debatable notion that all U.S. telephone data are "relevant" to future terrorism investigations. Critics of that rationale say it would allow the government to collect virtually any type of data because it could become useful in the future. CNSS's motion filed Friday asks for 10 minutes of argument time on Nov. 4, when the D.C. Circuit takes up the government's appeal of Leon's ruling as well as several related appeals. The motion (posted here) says both the Justice Department and the conservative legal activist who brought the underlying lawsuits, Larry Klayman, are opposing the request for extra time. Last week, two other organizations?—the American Civil Liberties Union and the Electronic Frontier Foundation—asked together to join in the arguments on Klayman's case. The government and Klayman did not oppose that motion.
  • Some opponents of the NSA surveillance program are clearly nervous about leaving the arguments against the program solely to Klayman, a longtime conservative activist known as a rhetorical bombthrower.  In an online commentary last week, Klayman called for the U.S. military to use tactical nuclear weapons against the Islamic State militant group. However, he predicted that President Barack Obama will not do so because he "simply has no stomach for killing his creed en masse." The D.C. Circuit has not yet ruled on either of the motions to join in next month's arguments.
Paul Merrell

Why Won't the FBI Tell the Public About its Drone Program? | Electronic Frontier Founda... - 0 views

  • Today we’re publishing—for the first time—the FBI’s drone licenses and supporting records for the last several years. Unfortunately, to say that the FBI has been less than forthcoming with these records would be a gross understatement. Just yesterday, Wired broke the story that the FBI has been using drones to surveil Americans. Wired noted that, during an FBI oversight hearing before the Senate Judiciary Committee, FBI Director Robert Mueller let slip that the FBI flies surveillance drones on American soil. Mueller tried to reassure the senators that FBI’s drone program “is very narrowly focused on particularized cases and particularized leads.” However, there’s no way to check the Director on these statements, given the Bureau’s extreme lack of transparency about its program.
  • EFF received these records as a result of our Freedom of Information lawsuit against the Federal Aviation Administration (FAA) for the licenses the FAA issues to all public entities wishing to fly drones in the national airspace. As detailed in prior posts and on our drone map, we have already received tens of thousands of pages of valuable information about local, state and federal agencies’ drone flights. However, unlike other federal agencies, including the US Air Force, the Bureau has withheld almost all information within its documents—even including the dates the FAA’s Certificates of Authorization (COAs) were issued. As you can see from the two examples linked below—the first from the Air Force and the second from the FBI—the FBI is withholding information, including something as basic as the city and state of the Bureau’s point of contact, that could in no way be expected to risk circumvention of the law (the applicable test under FOIA, 5 U.S.C. § 552 (b)(7)(E)).
  • The FBI has even withheld information from standard documents that all agencies file with the FAA to support their COA applications, many of which come directly from the drone manufacturer. (Compare, for example, the Air Force’s “LOST_LINK_MISSION” or “AIRCRAFT_SYSTEM” documents with the FBI’s versions of the same documents.) One interesting fact is that the Bureau has withheld most of the records under several statutes and regulations related to the arms exports and the International Traffic in Arms Regulations (ITAR) (see statutes and regulations here, here, and here.) This is surprising because, although ITAR does apply explicitly to drones, not even the US Military has claimed these statutes in withholding information from its drone records. Given the FBI’s past abuses and the information recently revealed about how the Bureau exploits specious interpretations of federal law to help out the NSA’s spying program, we have good reason to be concerned about the FBI’s lack of transparency here. We hope Senator Feinstein will follow up on her concerns about the FBI’s apparent lack of “strictures” in place to protect Americans’ privacy in connection to FBI drone use and demand a full accounting of how, when, where and why the Bureau has been using drones to monitor the public. Download the zip files of the documents here, here, and here.
Paul Merrell

NSA Will Destroy Archived Metadata When Program Stops - 0 views

  • Four months from now, at the same time that the National Security Agency finally abandons the massive domestic telephone dragnet exposed by whistleblower Edward Snowden, it will also stop perusing the vast archive of data collected by the program. The NSA announced on Monday that it will expunge all the telephone metadata it previously swept up, citing Section 215 of the U.S.A Patriot Act. The program was ruled illegal by a federal appeals court in May. In June, Congress voted to end the program, but gave the NSA until the end of November to phase it out. The historical metadata —  records of American phone calls showing who called who, when, and for how long — will be put out of the reach of analysts on November 29, although technical personnel will have access for three more months. The program started 14 years ago, and operated under rules requiring data be retained for five years, and then destroyed.
  • The only possible hold-up, ironically, would be if any of the civil lawsuits prompted by the program prohibit the destruction of the data. “The telephony metadata” will be “preserved solely because of preservation obligations in pending civil litigation,” the Office of the Director of National Intelligence announced. “As soon as possible, NSA will destroy the Section 215 bulk telephony metadata upon expiration of its litigation preservation obligations.” ACLU staff attorney Alex Abdo told The Intercept his organization is “pleased that the NSA intends to purge the call records it has collected illegally.” But, he added: “Even with today’s pledge, the devil may be in the details.”
Paul Merrell

Free Syrian Army a Phantom: Lavrov | nsnbc international - 0 views

  • Russian Foreign Minister Sergey Lavrov responded to vague U.S. statements about the Free Syrian Army and “moderate rebels” and that Russia may target moderates, saying that the Free Syrian Army is a phantom group. In depth investigations show that the Free Syrian Army largely ceased to exist in 2012 -13.
  • The Russian Foreign Minister rebuked accusations that the Russian Air Force in Syria targets the Free Syrian Army (FSA) or so-called “moderate rebels” saying: “No one has told us where the Free Syrian Army operates or where and how the other units of the moderate opposition act. . … We will even be ready to establish contact with it, if these are indeed efficient armed groups of the patriotic opposition that consist of Syrians. … So far, the Free Syrian Army remains a “phantom group … Nothing is known about it.” Lavrov called on the United States Secretary of State John Kerry to explain what the Free Syrian Army is and where it is based. Last week Kremlin spokesman Dmitry Peskov made a similar comment, saying “There is absolutely controversial information about this so-called army. … What is Free Syrian Army? Is this an official term? Are they official armed forces or what is it”. 
  • nsnbc investigations and other reports have shown that the Free Syrian Army (FSA), prior to June and July 2012 consisted of some Syrian Muslim Brotherhood associated fighters, some few former Syrian Arab Army soldiers, and a large number of mercenaries from Libya and other countries. This foreign-backed Free Syrian Army (FSA) suffered two decisive defeats in June and July 2012, a little more than a year after the eruption of the conflict. The decline of the FSA and the increased presence of Salafist / Wahhabi fighters in 2012 was, among others documented by the International Crisis Group, in their comprehensive report entitled “Tentative Jihad”. By December 2013 the remainders of the FSA began to break up and more western, Turkish and Gulf Arab support was channeled to the Al-Qaeda associated Jabhat Al-Nusrah, ISIL and other mercenary or semi-mercenary insurgencies.
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    Russia wants the U.S. to tell them who the Free Syrian Army is and where it is. Good one! Cluestick: it never existed except in Hillary Clinton's fantasies. 
Paul Merrell

Czech and Slovak Reservists Memorandum against NATO. "We Reject Fighting in NATO Ranks ... - 0 views

  • On January 19th 2015 the facebook group, which combines all members of the CSLA, PS, VMV, SNB in reserve or decommissioned, issued an important memorandum, which has become even more urgent in light of the situation today. A defensive back up location in the event that the group gets „disappeared“ from Facebook, the group of the same name exists on VK.com. as well. For the first time since the end of the 2nd World War we see a genuine threat of war yet again. Consequently, we consider it necessary to issue the following statement. We, the Czechoslovak soldiers in reserve, unanimously reject any participation in battles that are geopolitical acts of aggression of the global elite by way of NATO and the support of our governments. We swore to defend our homeland the Czech and Slovak Republics. We swore to protect the freedom and independence of our proud and sovereign nations, for which our ancestors laid down their lives in the world wars. We are guided by this oath in a civilian initiative to deal with a crisis situation. Freedom and independence is being jeopardized long time by a system of representative pseudo-democracy, where an elected representative does not have the obligation to advance the interests of voters and in practice, laws represent but the personal interests of the legislators, the interests of political parties and economic interest groups. Our homeland is under the pressure of global elites and economic interest groups, who are doing away with the power of citizens through a system of representative democracy.
  • Our deliberately flawed constitution and charter of rights and freedoms is being perverted and constitutional laws are violated by legislators themselves. Legislative power is being privatized, executive power is being politicized and judicial power corrupted by lobbying laws and pressure from our governments. The results are an unplayable public deficit, deindustrialization, the privatization of the republic’s property and defrauded budgets, food and energy dependence, the privatization of natural resources, pensions and the health of citizens. Our country has been unlawfully divided, looted, indebted, people enslaved and their families liquidated by repossession genocide, national infrastructure transferred into the hands of western corporations. Destructive chaos and despair dominates in the community. For this reason, we the Czechoslovak soldiers in reserve recognize our military oath and together we come with a vision for the defense of our nations. We unequivocally reject fighting in the ranks of NATO against the Russian federation or other Slavic nations and we likewise intend to stand up firmly through organized civilian pressure against the further liquidation of our democracy, freedom and independence. We are uniting in a crisis situation and by utilizing our civilian and military skills and expertise we intend to create sufficiently strong, organized civil pressure for the period of time necessary to assert our patriotic goals. We swore allegiance to our homeland, the Czech and Slovak Republics. We, the Czechoslovak reserve soldiers, will fulfill this oath!
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    If true, U.S. hegemony and NATO just took another big hit. What if they gave a war and nobody came?
Gary Edwards

How the CIA made Google - Medium - 0 views

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    "INSURGE INTELLIGENCE, a new crowd-funded investigative journalism project, breaks the exclusive story of how the United States intelligence community funded, nurtured and incubated Google as part of a drive to dominate the world through control of information. Seed-funded by the NSA and CIA, Google was merely the first among a plethora of private sector start-ups co-opted by US intelligence to retain 'information superiority.' The origins of this ingenious strategy trace back to a secret Pentagon-sponsored group, that for the last two decades has functioned as a bridge between the US government and elites across the business, industry, finance, corporate, and media sectors. The group has allowed some of the most powerful special interests in corporate America to systematically circumvent democratic accountability and the rule of law to influence government policies, as well as public opinion in the US and around the world. The results have been catastrophic: NSA mass surveillance, a permanent state of global war, and a new initiative to transform the US military into Skynet."
Gary Edwards

Former CIA & NSA Boss: September 11th Gave Me Permission To Reinterpret The 4th Amendme... - 0 views

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    "Michael Hayden, the former CIA and NSA director, has revealed what most people already suspected -- to him, the Constitution is a document that he can rewrite based on his personal beliefs at any particular time, as noted by Conor Friedersdorf at the Atlantic. Specifically, he admits that after September 11th, 2001, he was able to totally reinterpret the 4th Amendment to mean something entirely different: In a speech at Washington and Lee University, Michael Hayden, a former head of both the CIA and NSA, opined on signals intelligence under the Constitution, arguing that what the 4th Amendment forbids changed after September 11, 2001. He noted that "unreasonable search and seizure," is prohibited under the Constitution, but cast it as a living document, with "reasonableness" determined by "the totality of circumstances in which we find ourselves in history." He explained that as the NSA's leader, tactics he found unreasonable on September 10, 2001 struck him as reasonable the next day, after roughly 3,000 were killed. "I actually started to do different things," he said. "And I didn't need to ask 'mother, may I' from the Congress or the president or anyone else. It was within my charter, but in terms of the mature judgment about what's reasonable and what's not reasonable, the death of 3,000 countrymen kind of took me in a direction over here, perfectly within my authority, but a different place than the one in which I was located before the attacks took place. So if we're going to draw this line I think we have to understand that it's kind of a movable feast here." While it's true that the 4th Amendment does ban "unreasonable search and seizure," it seems like quite an interpretation to argue that "reasonableness" depends on what some third party does to us. That seems morally dangerous -- and it seems like a direct admission to terrorists that if they want to eviscerate the rights of Americans, they just need to keep on attacking, because folks like Hayden will
Paul Merrell

The Newest Reforms on SIGINT Collection Still Leave Loopholes | Just Security - 0 views

  • Director of National Intelligence James Clapper this morning released a report detailing new rules aimed at reforming the way signals intelligence is collected and stored by certain members of the United States Intelligence Community (IC). The long-awaited changes follow up on an order announced by President Obama one year ago that laid out the White House’s principles governing the collection of signals intelligence. That order, commonly known as PPD-28, purports to place limits on the use of data collected in bulk and to increase privacy protections related to the data collected, regardless of nationality. Accordingly, most of the changes presented as “new” by Clapper’s office  (ODNI) stem directly from the guidance provided in PPD-28, and so aren’t truly new. And of the biggest changes outlined in the report, there are still large exceptions that appear to allow the government to escape the restrictions with relative ease. Here’s a quick rundown.
  • Retention policy for non-U.S. persons. The new rules say that the IC must now delete information about “non-U.S. persons” that’s been gathered via signals intelligence after five-years. However, there is a loophole that will let spies hold onto that information indefinitely whenever the Director of National Intelligence determines (after considering the views of the ODNI’s Civil Liberties Protection Officer) that retaining information is in the interest of national security. The new rules don’t say whether the exceptions will be directed at entire groups of people or individual surveillance targets.  Section 215 metadata. Updates to the rules concerning the use of data collected under Section 215 of the Patriot Act includes the requirement that the Foreign Intelligence Surveillance Court (rather than authorized NSA officials) must determine spies have “reasonable, articulable suspicion” prior to query Section 215 data, outside of emergency circumstances. What qualifies as an emergency for these purposes? We don’t know. Additionally, the IC is now limited to two “hops” in querying the database. This means that spies can only play two degrees of Kevin Bacon, instead of the previously allowed three degrees, with the contacts of anyone targeted under Section 215. The report doesn’t explain what would prevent the NSA (or other agency using the 215 databases) from getting around this limit by redesignating a phone number found in the first or second hop as a new “target,” thereby allowing the agency to continue the contact chain.
  • National security letters (NSLs). The report also states that the FBI’s gag orders related to NSLs expire three years after the opening of a full-blown investigation or three years after an investigation’s close, whichever is earlier. However, these expiration dates can be easily overridden by by an FBI Special Agent in Charge or a Deputy Assistant FBI Director who finds that the statutory standards for secrecy about the NSL continue to be satisfied (which at least one court has said isn’t a very high bar). This exception also doesn’t address concerns that NSL gag orders lack adequate due process protections, lack basic judicial oversight, and may violate the First Amendment.
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  • The report also details the ODNI’s and IC’s plans for the future, including: (1) Working with Congress to reauthorize bulk collection under Section 215. (2) Updating agency guidelines under Executive Order 12333 “to protect the privacy and civil liberties of U.S. persons.” (3) Producing another annual report in January 2016 on the IC’s progress in implementing signals intelligence reforms. These plans raise more questions than they answer. Given the considerable doubts about Section 215’s effectiveness, why is the ODNI pushing for its reauthorization? And what will the ODNI consider appropriate privacy protections under Executive Order 12333?
Paul Merrell

Beijing Strikes Back in US-China Tech Wars | The Diplomat - 0 views

  • China’s new draft anti-terror legislation has sent waves across the U.S. tech community. If there is a brewing tech war between U.S. and China over government surveillance backdoors and a preference for indigenous software, China’s new draft terror law makes it clear that Beijing is happy to give the United States a taste of its own medicine. The law has already drawn considerable criticism from international human rights groups, including Amnesty International and Human Rights Watch for its purported attempts to legitimize wanton human rights violations in the name of counter-terrorism. Additionally, China has opted to implement its own definition of terrorism, placing  “any thought, speech, or activity that, by means of violence, sabotage, or threat, aims to generate social panic, influence national policy-making, create ethnic hatred, subvert state power, or split the state” under the umbrella of the overused T-word. The problematic human rights issues aside, the draft anti-terror law will have important implications for foreign tech firms within China. According to Reuters’ reporting on the draft anti-terror law, counter-terrorism precautions by the Chinese government would essentially require foreign firms to “hand over encryption keys and install security ‘backdoors’” into their software. Additionally, these firms would have to store critical data — certainly data on Chinese citizens and residents — on Chinese soil. The onerous implications of this law could have lead to an immediate freeze to the activities of several Western tech companies in China, the world’s second largest economy and a booming emerging market for new technologies.
  • On the surface, the most troublesome implication of this law is that in order to comply with this law, Western firms, including non-technical ventures such as financial institutions and manufacturers, will be forced to give up a great deal of security. In essence, corporate secrets, financial data — all critical data — would be insecure and available for access by Chinese regulators. The new law would also prohibit the use of secure virtual private networks (VPNs) to get around these requirements.
  • The U.S. diplomatic response to Beijing’s new draft law is perhaps best captured in the fact that a whopping four cabinet members in the Obama administration, including Secretary of State John Kerry and U.S. Trade Representative Michael Froman, wrote the Chinese government expressing “serious concern.” China, for its part, seemed unfazed by U.S. concerns. Foreign Ministry spokesperson Hua Chunying told the press that she hoped the United States would view the new anti-terror precautions in “in a calm and objective way.” Indeed, following Edward Snowden’s revelations regarding the extent of the United States’ surveillance of private firms both within and outside the United States, Beijing likely views U.S. concerns as hypocritical. One U.S. industry source told Reuters that the new law was ”the equivalent of the Patriot Act on really, really strong steroids.”
Paul Merrell

Senate Bill Requires Report on "All" NSA Bulk Collection | Federation Of American Scien... - 0 views

  • The National Security Agency would be required to prepare an unclassified report on “all NSA bulk collection activities,” the Senate Appropriations Committee directed in its report on the Fiscal Year 2015 Department of Defense Appropriations bill, published yesterday. The Committee told the NSA to prepare a report “describing all NSA bulk collection activities, including when such activities began, the cost of such activities, what types of records have been collected in the past, what types of records are currently being collected, and any plans for future bulk collection.” Such a report would be expected to clarify whether NSA bulk collection extends beyond the acknowledged telephone metadata program in Section 215 of the USA Patriot Act. The required report is to be “unclassified to the greatest extent possible,” the Senate Committee said. In the reporting requirements that it imposed on NSA, the Senate Appropriations Committee notably went beyond what was required by the Senate or House Intelligence Committees. The Appropriations Committee also directed NSA to submit additional reports on the total number of records acquired and reviewed by NSA in its bulk telephone metadata program over the past five years, and an estimate of the number of records of U.S. persons that have been acquired and reviewed in the telephone metadata program. Another unclassified report is required to provide “a list of terrorist activities that were disrupted, in whole or in part, with the aid of information obtained through NSA’s telephone metadata program.”
  • Update: Identical reporting language was included by the Senate Appropriations Committee last year in its report on the FY2014 Defense Appropriations bill (h/t @byersalex), yet the required NSA reports were not produced. At Emptywheel, Marcy Wheeler questions the utility of the proposed reports, particularly since the Senate Committee language lacks a clear, unambiguous definition of “bulk collection.”
Paul Merrell

​Retired General Calls on Venezuelans to Form Local Resistance Units: "Get Re... - 0 views

  • Retired Venezuelan military General, Angel Vivas, has released a string of videos on Youtube calling on Venezuelans to form “local resistance units” against the government and to prepare themselves for a war “to the death” The videos have been tweeted by both General Vivas and the anti-government group, “Operation Liberty Venezuela,” and are accompanied by the hashtag #RAV (Resistencia Anti-Castro Comunista Venezuela or Anti-Castro Communist Resistance Venezuela, in English), reportedly founded on December 15th 2014. One of the videos has over 137,000 views. “Today we are going to show you how to defend yourself, your family, your house and your community,” states Vivas from in front of a large portrait of Venezuelan liberation hero, Simon Bolivar The retired General made headlines last year when he called on violent anti-government protestors to hang barbed wire from lampposts in order to decapitate supporters of the government during the armed street blockades known as the barricades, which erupted in February 2014. At least two people died this way and another 42 citizens were killed during the unrest
  • Although he initially resisted detention, entering into an armed standoff with authorities, Vivas was eventually placed under house arrest for four months. Since his release, he has made a string of anti-government videos with ever more explicit messages. “We have no other recourse but to go out and defend ourselves, and, in this sense, I recommend that all Venezuelan citizens across the length and breadth of the Republic start preparing themselves in whatever way they can to defend their lives, their families, their houses and communities,” he states from another video, released on January 30th “Venezuelans, for those of you who have access to a firearm, it’s a good idea to prepare yourself to use it” A stony faced Vivas goes on to directly threaten the government with violent action, stating that “the pacific stage” of resistance had come to an end. “Citizens, the lapse of 15 days that patriotic Venezuelans, incorporated into the RAV, had given to Castro-Communism for it to peacefully leave the country expired last night… This period allowed us to organise the first phase… Now we are going to act,” he states to the camera
  • “Accordingly, we await the social sector, the support of all citizens, to protest massively in the streets at the correct moment”. The most recent video, entitled “You are the Leader,” is also accompanied by a series of links to step by step training handbooks on the anti-government website “Solo-Clic”. The link has also been plugged several times by Operation Liberty Venezuela. Readers who click on the links will find explanations of how to to form successful “resistance units” against the government and also “helpful” documentaries such as “How to Start a Revolution” by Gene Sharp with Spanish subtitles The handbooks themselves are split into three different presentations, including “How to Organise your Resistance Group,” “Tasks and Activities of Local Resistance Groups” and “How to Stay Safe whilst in Resistance”. They also suggest that militants familiarise themselves with Sun Tzu’s “The Art of War”.
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  • According to the documents, the resistance groups shouldbe made up of local units which will eventually expand to a national structure. They should have militants who focus on spying and intelligence, “popular” journalists, medical personnel to “take care of the injured”, as well as “combat and defence members” to focus on “urban combat and barricades”. Their activities should include identifying and training recruits, including military sympathisers, as well as conducting “psychological operations “aimed at “weakening the regime” and “having an impact on citizen consciousness”
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    The U.S. is upping its bet in Venezuela.
Paul Merrell

ECHELON: NSA's Global Electronic Interception - 0 views

  • 12 August 1988  Cover, pages 10-12   Somebody's  listening  . . . and they don't give a damn about personal privacy or commercial confidence. Project 415 is a top-secret new global surveillance system. It can tap into a billion calls a year in the UK alone. Inside Duncan Campbell on how spying entered the 21st century . . .  They've got it taped In the booming surveillance industry they spy on whom they wish, when they wish, protected by barriers of secrecy, fortified by billions of pounds worth of high, high technology. Duncan Campbell reports from the United States on the secret Anglo-American plan for a global electronic spy system for the 21st century capable of listening in to most of us most of the time   American, British and Allied intelligence agencies are soon to embark on a massive, billion-dollar expansion of their global electronic surveillance system. According to information given recently in secret to the US Congress, the surveillance system will enable the agencies to monitor and analyse civilian communications into the 21st century. Identified for the moment as Project P415, the system will be run by the US National Security Agency (NSA). But the intelligence agencies of many other countries will be closely involved with the new network, including those from Britain, Australia, Germany and Japan--and, surprisingly, the People's Republic of China. New satellite stations and monitoring centres are to be built around the world, and a chain of new satellites launched, so that NSA and its British counterpart, the Government Communications Headquarters (GCHQ) at Cheltenham, may keep abreast of the burgeoning international telecommunications traffic.
  • Both the new and existing surveillance systems are highly computerised. They rely on near total interception of international commercial and satellite communications in order to locate the telephone or other messages of target individuals. Last month, a US newspaper, the Cleveland Plain Dealer, revealed that the system had been used to target the telephone calls of a US Senator, Strom Thurmond. The fact that Thurmond, a southern Republican and usually a staunch supporter of the Reagan administration, is said to have been a target has raised fears that the NSA has restored domestic, electronic, surveillance programmes. These were originally exposed and criticised during the Watergate investigations, and their closure ordered by President Carter. After talking to the NSA, Thurmond later told the Plain Dealer that he did not believe the allegation. But Thurmond, a right-wing Republican, may have been unwilling to rock the boat. Staff members of the Permanent Select Committee on Intelligence said that staff were "digging into it" despite the "stratospheric security classification" of all the systems involved. The Congressional officials were first told of the Thurmond interception by a former employee of the Lockheed Space and Missiles Corporation, Margaret Newsham, who now lives in Sunnyvale, California. Newsham had originally given separate testimony and filed a lawsuit concerning corruption and mis-spending on other US government "black" projects. She has worked in the US and Britain for two corporations which manufacture signal intelligence computers, satellites and interception equipment for NSA, Ford Aerospace and Lockheed. Citing a special Executive Order signed by President Reagan. she told me last month that she could not and would not discuss classified information with journalists. But according to Washington sources (and the report in the Plain Dealer, she informed a US Congressman that the Thurmond interception took place at Menwith Hill, and that she p
  • A secret listening agreement, called UKUSA (UK-USA), assigns parts of the globe to each participating agency. GCHQ at Cheltenham is the co-ordinating centre for Europe, Africa and the Soviet Union (west of the Ural Mountains). The NSA covers the rest of the Soviet Union and most of the Americas. Australia--where another station in the NSA listening network is located in the outback--co-ordinates the electronic monitoring of the South Pacific, and South East Asia.
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  • During the Watergate affair. it was revealed that NSA, in collaboration with GCHQ, had routinely intercepted the international communications of prominent anti-Vietnam war leaders such as Jane Fonda and Dr Benjamin Spock. Another target was former Black Panther leader Eldridge Cleaver. Then in the late 1970s, it was revealed that President Carter had ordered NSA to stop obtaining "back door" intelligence about US political figures through swapping intelligence data with GCHQ Cheltenham.
  • he largest overseas station in the Project P415 network is the US satellite and communications base at Menwith Hill. near Harrogate in Yorkshire. It is run undercover by the NSA and taps into all Britain's main national and international communications networks (New Statesman, 7 August 1980). Although high technology stations such as Menwith Hill are primarily intended to monitor international communications, according to US experts their capability can be, and has been, turned inwards on domestic traffic. Menwith Hill, in particular, has been accused by a former employee of gross corruption and the monitoring of domestic calls. The vast international global eavesdropping network has existed since shortly after the second world war, when the US, Britain, Canada, Australia and New Zealand signed a secret agreement on signals intelligence, or "sigint". It was anticipated, correctly, that electronic monitoring of communications signals would continue to be the largest and most important form of post-war secret intelligence, as it had been through the war. Although it is impossible for analysts to listen to all but a small fraction of the billions of telephone calls, and other signals which might contain "significant" information, a network of monitoring stations in Britain and elsewhere is able to tap all international and some domestic communications circuits, and sift out messages which sound interesting. Computers automatically analyse every telex message or data signal, and can also identify calls to, say, a target telephone number in London, no matter from which country they originate.
  • ince then, investigators have subpoenaed other witnesses and asked them to provide the complete plans and manuals of the ECHELON system and related projects. The plans and blueprints are said to show that targeting of US political figures would not occur by accident. but was designed into the system from the start. While working at Menwith Hill, Newsham is reported to have said that she was able to listen through earphones to telephone calls being monitored at the base. Other conversations that she heard were in Russian. After leaving Menwith Hill, she continued to have access to full details of Menwith Hill operations from a position as software manager for more than a dozen VAX computers at Menwith which operate the ECHELON system. Newsham refused last month to discuss classified details of her career, except with cleared Congressional officials. But it has been publicly acknowledged that she worked on a large range of so-called "black" US intelligence programmes, whose funds are concealed inside the costs of other defence projects. She was fired from Lockheed four years ago after complaining about the corruption, and sexual harassment.
  • If Margaret Newsham's testimony is confirmed by the ongoing Congressional investigation, then the NSA has been behaving illegally under US law--unless it can prove either that Thurmond's call was intercepted completely accidentally, or that the highly patriotic Senator is actually a foreign spy or terrorist. Moreover NSA's international phone tapping operations from Menwith Hill and at Morwenstow, Cornwall, can only be legal in Britain if special warrants have been issued by the Secretary of State to specify that American intelligence agents are persons to whom information from intercepts must or should be given. This can not be established, since the government has always refused to publish any details of the targets or recipients of specific interception warrants.
  • Both British and American domestic communications are also being targeted and intercepted by the ECHELON network, the US investigators have been told. The agencies are alleged to have collaborated not only on targeting and interception, but also on the monitoring of domestic UK communications. Special teams from GCHQ Cheltenham have been flown in secretly in the last few years to a computer centre in Silicon Valley near San Francisco for training on the special computer systems that carry out both domestic and international interception.
  • The centre near San Francisco has also been used to train staff from the "Technical Department" of the People's Liberation Army General Staff, which is the Chinese version of GCHQ. The Department operates two ultra-secret joint US-Chinese listening stations in the Xinjiang Uighur Autonomous Region, close to the Soviet Siberian border. Allegedly, such surveillance systems are only used to target Soviet or Warsaw Pact communications signals, and those suspected of involvement in espionage and terrorism. But those involved in ECHELON have stressed to Congress that there are no formal controls over who may be targeted. And I have been told that junior intelligence staff can feed target names into the system at all levels, without any check on their authority to do so. Witnesses giving evidence to the Congressional inquiry have discussed whether the Democratic presidential contender Jesse Jackson was targeted; one source implied that he had been. Even test engineers from manufacturing companies are able to listen in on private citizens' communications, the inquiry was told. But because of the special Executive Order signed by President Reagan, US intelligence operatives who know about such politically sensitive operations face jail sentences if they speak out--despite the constitutional American protection of freedom of speech and of the press. And in Britain, as we know, the government is in the process of tightening the Official Secrets Act to make the publication of any information from intelligence officials automatically a crime, even if the information had already been published, or had appeared overseas first.
  •  
    From the original series of ariticles * in 1988 * that first brought the Five Eyes' nation's ECHELON surveillance project to light. But note the paragarph about the disclosure during the Watergate scandal (early 1970s) about domestic digital surveillance of antiwar leaders and Black Panther leader Eldridge Cleaver.    
Paul Merrell

U.S. government reveals breadth of requests for Internet records | Reuters - 0 views

  • The Federal Bureau of Investigation has used a secretive authority to compel Internet and telecommunications firms to hand over customer data including an individual’s complete web browsing history and records of all online purchases, a court filing released Monday shows.The documents are believed to be the first time the government has provided details of its so-called national security letters, which are used by the FBI to conduct electronic surveillance without the need for court approval.The filing made public Monday was the result of an 11-year-old legal battle waged by Nicholas Merrill, founder of Calyx Internet Access, a hosted service provider, who refused to comply with a national security letter (NSL) he received in 2004. Merrill told Reuters the release was significant “because the public deserves to know how the government is gathering information without warrants on Americans who are not even suspected of a crime.”
  • National security letters have been available as a law enforcement tool since the 1970s, but their frequency and breadth expanded dramatically under the USA Patriot Act, which was passed shortly after the Sept. 11, 2001 attacks. They are almost always accompanied by an open-ended gag order barring companies from disclosing the contents of the demand for customer data.A federal court ruled earlier this year that the gag on Merrill’s NSL should be lifted. Merrill's challenge also disclosed that the FBI may use NSLs to gain IP addresses on everyone a suspect has corresponded with and cell-site location information. The FBI said in the court filings it no longer used NSLs for location information. The secretive orders have long drawn the ire of tech companies and privacy advocates, who argue NSLs allow the government to snoop on user content without appropriate judicial oversight or transparency.
  • Last year, the Obama administration announced it would permit Internet companies to disclose more about the number of NSLs they receive. But they can still only provide a range such as between 0 and 999 requests, or between 1,000 and 1,999. Twitter (TWTR.N) has sued in federal court seeking the ability to publish more details in its semi-annual transparency reports. Several thousand NSLs are now issued by the FBI every year, though the agency says it is unaware of the precise number. At one point that number eclipsed 50,000 letters annually. The FBI did not respond to a request for comment Monday.
Paul Merrell

M of A - Russia "Violated" Turkish Airspace Because Turkey "Moved" Its Border - 0 views

  • Russian planes in Syria "violated Turkish air space" the news agency currently tell us. But an earlier report shows that this claim may well be wrong and that the U.S. pushes Turkey to release such propaganda. Reuters (Mon Oct 5, 2015 7:54am BST): Turkey says Russian warplane violated its airspace A Russian warplane violated Turkish airspace near the Syrian border on Saturday, prompting the Air Force to scramble two F-16 jets to intercept it, the Foreign Ministry said on Monday. The Foreign Ministry summoned Moscow's ambassador to protest the violation, according to an e-mailed statement. Turkey urged Russia to avoid repeating such a violation, or it would be held "responsible for any undesired incident that may occur." AFP (10:20am · 5 Oct 2015): Turkey 'intercepts' Russian jet violating its air space Turkey said on Monday its F-16 jets had at the weekend intercepted a Russian fighter plane which violated Turkish air space near the Syrian border, forcing the aircraft to turn back. ... Turkey said on Monday its F-16 jets had at the weekend intercepted a Russian fighter plane which violated Turkish air space near the Syrian border, forcing the aircraft to turn back.
  • Here now what McClatchy reported on these air space violations in a longer piece several hours before Reuters and AFP reported the Turkish claim: ISTANBUL - A Russian warplane on a bombing run in Syria flew within five miles of the Turkish border and may have crossed into Turkey’s air space, Turkish and U.S. officials said Sunday. ... A Turkish security official said Turkish radar locked onto the Russian aircraft as it was bombing early Friday in al Yamdiyyah, a Syrian village directly on the Turkish border. He said Turkish fighter jets would have attacked had it crossed into Turkish airspace. But a U.S. military official suggested the incident had come close to sparking an armed confrontation. Reading from a report, he said the Russian aircraft had violated Turkish air space by five miles and that Turkish jets had scrambled, but that the Russian aircraft had returned to Syrian airspace before they could respond. The Turkish security official said he could not confirm that account.
  • So it is the U.S., not Turkey, which was first pushing the claims of air space violation and of scrambling fighters. The Turkish source would not confirm that. But how could it be a real air space violation when Russian planes "flew within five miles of the Turkish border and may have crossed into Turkey’s air space". The Russian planes were flying in Syrian airspace. They "may have crossed" is like saying that the earth "may be flat". Well maybe it is, right? Fact is the Russians fly ery near to the border and bomb position of some anti-Syrian fighters Turkey supports. They have good reasons to do so: The town, in a mountainous region of northern Latakia province, has been a prime route for smuggling people and goods between Turkey and Syria and reportedly has functioned as a key entry for weapons shipped to Syrian rebels by the U.S.-led Friends of Syria group of Western and Middle Eastern countries.
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  • One Russian plane may even indeed have slightly crossed the border while maneuvering. But the real reason why the U.S. military official and Turkey claim the above "violations" is because Turkey unilaterally "moved" the Turkish-Syrian border five miles south: Turkey has maintained a buffer zone five miles inside Syria since June 2012, when a Syrian air defense missile shot down a Turkish fighter plane that had strayed into Syrian airspace. Under revised rules of engagement put in effect then, the Turkish air force would evaluate any target coming within five miles of the Turkish border as an enemy and act accordingly. If Syrian rules of engagement would "move" its northern border up to the Black Sea would any plane in eastern Turkey be in violation of Syrian air space? No one would accept such nonsense and that is why no one should accept the U.S.-Turkish bullshit here. Russian planes should not respect the "new" Turkish defined border but only the legitimate one.
  • It would also be no good reason to start a NATO-Russia war just because such a plane might at times slightly intrude on the Turkish side due to an emergency or other accidental circumstances. Do we have to mention that the U.S., France, Britain and Jordan regularly violate Syrian airspace for their pretended ISIS bombing? That Turkey is bombing the PKK in north Iraq without the permission of the Iraqi government? What about Israels regular air space violations over Lebanon? But what is this all really about? Germany, the Netherlands and the U.S. stationed some Patriot air defense systems in Turkey to defend Turkey and its Islamist storm troops in north-Syria. These systems were announced to leave or have already left. Are these claims about air-space violation now an attempt to get these systems back into Turkey? For what real purpose?
Paul Merrell

Dennis Kucinich: New WikiLeaks reveal proof we are sliding down the slippery slope towa... - 0 views

  • The U.S. government must get a grip on the massive opening that the CIA, through its misfeasance, nonfeasance and malfeasance, has created. If Tuesday’s WikiLeaks document dump is authentic, as it appears to be, then the agency left open electronic gateways that make all Americans vulnerable to spying, eavesdropping and technological manipulation that could bring genuine harm. That the CIA has reached into the lives of all Americans through its wholesale gathering of the nation’s “haystack” of information has already been reported. It is bad enough that the government spies on its own people. It is equally bad that the CIA, through its incompetence, has opened the cyberdoor to anyone with the technological skills and connections to spy on anyone else. The constant erosion of privacy at the hands of the government and corporations has annihilated the concept of a “right to privacy,” which is embedded in the rationale of the First, Third, Fourth, Ninth and Fourteenth Amendments to the U.S. Constitution. It is becoming increasingly clear that we are sliding down the slippery slope toward totalitarianism, where private lives do not exist.
  • We have entered a condition of constitutional crisis that requires a full-throated response from the American people. I have repeatedly warned about the dangers of the Patriot Act and its successive iterations, the execrable national security letters that turn every FBI agent into a star chamberlain, the dangers of fear-based security policies eroding our republic. We have crossed the threshold of a cowardly new world, and it’s time we tell the government and the corporations who have intruded to stop it. 
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